Digital accessibility: new obligations for the private sector

Articles 18 December 2025

Digital and Technology Law New Technologies, Digital and Telecoms

In 2024, fewer than 10% of French websites were fully accessible to persons with disabilities, despite representing more than 18% of the population. This discrepancy highlights the limits of existing mechanisms and explains the recent strengthening of the French legal framework regarding digital accessibility.

Long focused on the public sector, today regulations are evolving significantly with the entry into force and transposition into French law of European Directive 2019/882, on 28th June 2025, also known as the European Accessibility Act (EAA).

A legislative framework long focused on the public sector

Since the Law of February 11th 2005, for equal rights and opportunities, also known as the “Disability Law,” France has imposed digital accessibility obligations on online public communication services. These obligations apply mainly to public bodies (State, local authorities, institutions) as well as to certain private entities which perform a public service mission or have an average turnover exceeding 250 million euros over the last three financial years.

These organizations are notably required to:

Comply with accessibility requirements (namely those within the General Framework for the Improvement of Accessibility or RGAA).
Publish an accessibility declaration.
Implement a multi-year plan accompanied by an annual action plan.
Supply a system allowing users to report non-compliance.

However, these obligations are limited if they demonstrably create a disproportionate burden for the organization concerned.

The extension of the scope of application by the EAA

The EAA and its transposition texts into French law mark a paradigm shift by extending accessibility requirements to a large part of the private sector, aiming to guarantee full and effective participation of persons with disabilities in economic and social life. This new legislation, however excluding micro-enterprises (fewer than ten employees and an annual turnover of less than 2 million euros), has applied since June 28th 2025.

The scope of the EAA covers two main categories:

Products

Computers, smartphones, tablets.
Television equipment. [répétition**]
E-readers, payment terminals, automated teller machines and ticketing machines.

Services

Electronic communications.
E-commerce (obligation to make e-commerce sites and applications accessible).
Retail banking services.
Audiovisual media.
Passenger transport services (information and ticketing).
E-books and reading software.

Exemptions exist if it is not possible to ensure accessibility due to the nature of the product or if its cost is disproportionate.

A two-headed legal regime and strengthened sanctions

The transposition of the EAA creates a dual legal framework landscape, where the new rules come to complement existing national obligations, without replacing them. Certain private actors, particularly large ones or those contributing to public service missions, will have to comply with both legal frameworks.

Several national administrative authorities (DGCCRF, ARCOM, ARCEP, etc.) are in charge of the control and application of [the] two legal frameworks [of] the EAA.

The sanctions for non-compliance are significant:

For the EAA: Companies may be subject to corrective measures (withdrawal of products) and a fine of up to €7,500 per infraction for a legal entity (and up to €15,000 in the event of repeated offenses).
For the Disability Law: The authority may impose financial penalties of up to €50,000 in fines for non-compliance with the accessibility obligation.

Beyond the financial risk, non-compliance with accessibility obligations exposes companies to a growing reputational risk, amplified by the mobilization of associations and the media coverage of formal notices. Several major French retailers have already been formally called to order regarding the inaccessibility of their e-commerce platforms.

The introduction of accessibility obligations for private sector companies by the transposition of the EAA Directive acts as a transformation signal for the entire market. It forces companies to consider accessibility no longer as a constraint, but as a lever for competitiveness and quality.